Termination of employment; what is a dismissal?

It is surprising how many legally recognized variations on a dismissal there are in employment law; for example, constructive dismissal,…

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Dismissal by e-mail not a good look

Although the Fair Work Act requires an employer to provide an employee with written notice of the day of termination…

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General protections process where constructive dismissal is alleged

I have been intrigued for some time now whether the concept of constructive dismissal has any role to play in…

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Unfair dismissal; what is a dismissal?

The following extract from a Fair Work Commission unfair dismissal case sets out the legal principles which must be made…

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Dismissals under the WA fair work system

“It is clear that for the purposes of the Commission’s unfair dismissal jurisdiction, a “dismissal” can be constituted by the…

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Casual employees; has there been a dismissal?

It is reasonably common for an employer of casual employees to claim in an unfair dismissal case in the Fair…

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The effect of a dismissal during notice of resignation

It is not uncommon for an employee to give notice of resignation under an employment contract, or even pursuant to…

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Unfair dismissal; what is a dismissal?

What is a dismissal for an unfair dismissal case? “Accordingly, the general legal principles to be applied in this case…

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Tick tock; when does a dismissal take place?

For the dismissal of an employee to be capable of having legal effect, certain formalities need to be observed. This…

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Dismissal by text will almost always be an unfair dismissal

“However, Mr Hain was notified of his dismissal and summarily dismissed by text message. I do not accept that a…

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